Nation

Popularity Trend

Organizations

Summary

3/20/2013--Introduced.Amends provisions of the federal criminal code governing interstate transportation of firearms or ammunition to require that whenever transported by any means other than a motor vehicle: (1)...Read More

Status

This bill was introduced on Mar 20, 2013, in a previous session of Congress, but was not passed.

Bill Text

To amend chapter 44 of title 18, United States Code, to more
comprehensively address the interstate transportation of firearms or
ammunition.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.

(a) In General.--Section 926A of title 18, United States Code, is
amended to read as follows:
``Sec. 926A. Interstate transportation of firearms or ammunition
``(a) Notwithstanding any provision of any law, rule, or regulation
of a State or any political subdivision thereof:
``(1) A person who is not prohibited by this chapter from
possessing, transporting, shipping, or receiving a firearm or
ammunition shall be entitled to transport a firearm for any
lawful purpose from any place where the person may lawfully
possess, carry, or transport the firearm to any other such
place if, during the transportation, the firearm is unloaded,
and--
``(A) if the transportation is by motor vehicle,
the firearm is not directly accessible from the
passenger compartment of the vehicle, and, if the
vehicle is without a compartment separate from the
passenger compartment, the firearm is in a locked
container other than the glove compartment or console,
or is secured by a secure gun storage or safety device;
or
``(B) if the transportation is by other means, the
firearm is in a locked container or secured by a secure
gun storage or safety device.
``(2) A person who is not prohibited by this chapter from
possessing, transporting, shipping,...

Sentiment Map

Nation

213Supporting

63Opposing

77%23%

State: CA

20Supporting

5Opposing

80%20%

District: 1st

1Supporting

0Opposing

100%0%

Popularity Trend

Organizations Supporting

H.R. 1290 would allow a person who is not prohibited from possessing, transporting, shipping, or receiving a firearm or ammunition to transport a firearm or ammunition for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation, the firearm is unloaded, the ammunition is not loaded into a firearm and:
(A) if the transportation is by motor vehicle, the firearm or ammunition is not directly accessible from the passenger compartment of the vehicle, and, if the vehicle is without a compartment separate from the passenger compartment, the firearm is in a locked container other than the glove compartment or console, or is secured by a secure gun storage or safety device; or
(B) if the transportation is by other means, the firearm or ammunition is in a locked container or the firearm is secured by a secure gun storage or safety device.
Under H.R. 1290’s provisions, the term “transport” includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport, but does not include transportation with the intent to commit a crime punishable by imprisonment for a term exceeding one year that involves the use or threatened use of force against another; or with knowledge, or reasonable cause to believe, that such a crime is to be committed in the course of, or arising from, the transportation.
Under H.R. 1290, a person who is transporting a firearm or ammunition may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision thereof related to the possession, transportation, or carrying of firearms, unless there is probable cause to believe that the person is doing so in a manner not provided for in the aforementioned ways.
When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsection (a). And, when a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney's fee.
A person who is deprived of any right, privilege, or immunity secured under H.R. 1209’s provisions may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages and other appropriate relief, and the court shall award a plaintiff prevailing in such an action damages and such other relief as the court deems appropriate, including reasonable attorney's fees.

I support H.R. 1290 ("To amend chapter 44 of title 18, United States Code, to more comprehensively address the") because...Some steps to prevent criminals from having access to firearms and ammunition is necessary. However, Mr. Coble please make sure the final bill addresses the rights of concealed carry permit holders when traveling between states with reciprocity.

I support H.R. 1290 ("To amend chapter 44 of title 18, United States Code, to more comprehensively address the") because...as an American, I feel that any Assault Weapon Ban, any "New Laws" regarding gun ownership, or any Restriction on a citizens' right to bear arms is unconstitutional and unacceptable! The Law Abiding people of this country have the right to acquire and own whatever they wish in the way of fire arms, as long as they are responsible. The majority of people agree with you that these mass shootings are terrible and horrific, however, Gun Control is not the answer. No amount of new laws will change the outcome of gun violence, you should enforce the laws we ALREADY HAVE IN PLACE! The mentally disturbed people that perform these terrible acts of violence are sick, and healing their illness should be priority number one. Please do not take away one of the greatest freedoms that we have because a few individuals are unhealthy. I urge you to rethink your positions and turn towards healing the mentally ill instead of hurting the free citizens of this United States.

I support H.R. 1290 ("To amend chapter 44 of title 18, United States Code, to more comprehensively address the lawful transportation of firearms") because it allows gun owners to travel from state-to-state without prosecution by states with draconian gun laws. Current laws allow states to jail people who get involved in accidents, or have to stop for medical treatment. Prosecution should require some ill-intent, not just accidental non-compliance with the law.

Users Opposing

I oppose H.R. 1290 ("To amend chapter 44 of title 18, United States Code, to more comprehensively address the") because there is nothing in the bill that protects the rights of individuals with a concealed weapons permit. We have the right to carry; we should be protected in the event the unthinkable happens.

I oppose H.R. 1290 ("To amend chapter 44 of title 18, United States Code, to more comprehensively address the") because Sec. 926A(a)(1) does not provide an exemption to persons who possess a concealed carry permit.
If I'm stopped on the side of the road due to a problem with my vehicle, and waiting AAA to arrive, I want the ability to protect myself and my children in the unlikely event that a situation presents itself, without facing arrest, fine and/or prosecution.

I oppose H.R. 1290 ("To amend chapter 44 of title 18, United States Code, to more comprehensively address the") because...not enough information at this time.please oppose any legislation to limit our rights,thru restrictions,taxes,mandate,rule,codes.resectfully.w.l.rider

Bill Summary

3/20/2013--Introduced.Amends provisions of the federal criminal code governing interstate transportation of firearms or ammunition to require that whenever transported by any means other than a motor vehicle: (1) a firearm shall be in a locked container or secured by a secure gun storage or safety device, and (2) ammunition shall be in a locked container. Excludes from permitted transport of a firearm or ammunition any transportation: (1) with the intent to commit a crime punishable by imprisonment for more than one year that involves the use or threatened use of force against another; or (2) with knowledge or reasonable cause to believe that such a crime is to be committed in the course of, or arising from, the transportation. Prohibits the arrest or detention of a person for a violation of any state or local law or regulation related to the possession, transportation, or carrying of firearms unless there is probable cause to believe that the person is doing so in a manner not provided for under federal law. Provides that when a person asserts this as a defense in a criminal proceeding: (1) the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the person's conduct did not satisfy federal conditions; and (2) the court shall award the prevailing defendant a reasonable attorney's fee. Authorizes a private right of action (and attorney fees) for deprivation of any right, privilege or immunity secured by federal firearms provisions under color of any state or local law or regulation.